6.2 Requirements

La. R.S. 40:62–62.1 directly address all proceedings seeking to correct the gender marker of any adult born in Louisiana. The statutes were passed in 1979 and 1981 and amended in 1986. As such, the statutory language does not reflect the significant strides made in the intervening decades in medical care for and understanding of transgender and gender non-conforming individuals. 

Under the statute, to qualify for a gender marker correction, a Petitioner must demonstrate each of the following: (1) diagnosis as a “transsexual or pseudo-hermaphrodite”; (2) performance of “sex reassignment or corrective surgery” as part of the Petitioner’s transition; and (3) as a result of the surgical intervention, “the anatomical structure of the sex of the Petitioner has been changed to something other than that which is stated on the original birth certificate of the Petitioner.” 

The language of the statue incorporates a reductive and narrow understanding of gender and sex that no longer reflects the social and medical understanding of transitions. As an initial matter, diagnoses of “transsexual” and “pseudo-hermaphrodite” do not currently exist in the Diagnostic and Statistical Manual of Mental Disorders nor are they part of generally accepted medical standards of care. A client who presents with such a diagnosis needs to seek alternative medical care immediately. Moreover, the range of surgical interventions that are currently considered under the umbrella of “sex reassignment or corrective” interventions is vast. The term “anatomical structure of the sex of the Petitioner” is arguably vague as current medical standards of care acknowledge that a person’s “anatomical sex” is comprised of component parts including, among other things, reproductive organs, external genitalia, and secondary sex characteristics such as breasts and facial features. 

Ultimately, the determination that these elements have been satisfied is left to the court, so it is imperative to provide a comprehensive, informed, and absolute case in support of your client’s gender marker correction. Courts, like much of society, remain woefully uninformed about the medical standards of care for transgender and gender non-conforming individuals. It is your obligation to educate the court so as to demonstrate with certainty that your client has received the appropriate care and that the legal process is simply serving to confirm and correct information that has already been medically verified and approved. 

The effectiveness of this narrative and the level of proof that is required will largely depend on the position taken by the State Registrar who serves as the defendant in the proceedings. As an administrative agency, the position of the Office of the State Registrar is subject to change with each new gubernatorial administration, and resistance can accordingly wax and wane. Remaining vigilant of the political dynamics and atmosphere locally, statewide, and nationally is helpful to inform what your clients may expect in the courtroom and the extent to which you, as their advocate, will need to fight for them.